The North Carolina Court of Appeals ruled that willful abandonment of a child precludes the parents from recovering death benefits, but minimal contact does not equate to abandonment for purposes of benefit preclusion.
In Rhodes v. Price Brothers, Inc., No. COA05-256, 12/20/2005, Richard Kelly died in a work-related car accident, leaving only his mother (Ruth D. Rhodes) and father (Carson L. Kelly) as heirs. The employer and carrier held off on payment of death benefits for a determination of whether or not his father was entitled to a share. Ms. Rhodes argued that Mr. Kelly's actions afte...
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